AIR 2018 SUPREME COURT 4796 ::(2019) 142 RevDec 736 ::(2018) 2 WLC(SC)CVL 638 ::(2018) 3 All RentCas 465 ::2018 (10) SCC 484 ::(2018) 4 RecCivR 723 ::(2018) 13 Scale 538

Supreme Court Of India

(From: 2018 (1) AKR 343)

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, D. Y. Chandrachud , JJJ

Civil P.C. (5 of 1908) , O.41 R.23A, O.41 R.27, O.41 R.28, O.41 R.29, O.41 R.25— Remand of case - Validity - Application for permission to adduce additional evidence - Order of High Court allowing application and thereafter relegating parties before Trial Court to re-decide suit, erroneous. In the present case, High Court has not recorded any special reasons as to why the parties should be relegated before the 'Trial Court' to re-decide the suit. The only reason, which, presumably, weighed with the High Court, is that it was necessary to find out the truth, as it is the duty of the Court. That could be done even by directing the First Appellate Court to record evidence, which it was competent to do while hearing the first appeal. High Court could have issued directions to the First Appellate Court to determine any question of fact including the existence and genuineness of the additional evidence or for that matter, whether the contents of the said documents had been duly proved by the party relying thereon. After recording the evidence in support of such relevant matters as the High Court may have directed, the First Appellate Court could proceed to try such issues and return the evidence to the High Court together with its findings thereon within the prescribed time. Such a course was permissible in terms of Rule 28 of Order XLI of CPC. And on receipt of t....